Right in Marriage of Gender Diverse Peoples : Study of Marriage Problems On The Civil and Commercial Code Section 1448 And The Protection by Constitutional Court

Authors

  • Chakkrit Auttamo -

Abstract

          This research addresses the rights of gender-diverse individuals concerning marriage in Thailand. Specifically, it examines the inadequacies in legal guarantees and protections, forms of recognition, and the responsibilities of agencies involved in enacting or amending laws to safeguard these rights.

          The study critically analyzes the existing legal framework, particularly the Civil and Commercial Code, Section 1448, which mandates that marriage is permissible only when both a man and a woman have reached seventeen years of age. This longstanding law is found to be inconsistent with the Constitution, which serves as the supreme law designed to uphold equality and is non-compliant with international treaties that recognize and protect marriage as a human right. Furthermore, it does not address societal changes over time, leading to inequality and indirectly affecting the rights of gender-diverse individuals to marry. This results in a significant gap in the enforcement of laws concerning the rights of gender-diverse people to marry.

          The Constitutional Court of Thailand, tasked with protecting the rights and liberties of citizens, has shown concern and placed emphasis on the challenges faced by gender-diverse individuals. Consequently, it is recommended that the National Assembly, the Council of Ministers, and relevant state agencies consider enacting or amending laws to ensure the rights and responsibilities of people with gender diversity in a manner consistent with constitutional and statutory law. This will enable the legal system to provide appropriate guarantees and protections for the marriage rights of gender-diverse individuals, in line with the Constitution of the Kingdom of Thailand B.E. 2560 and consistent with the recommendations of the Constitutional Court.

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Published

2025-03-10

How to Cite

Auttamo, C. (2025). Right in Marriage of Gender Diverse Peoples : Study of Marriage Problems On The Civil and Commercial Code Section 1448 And The Protection by Constitutional Court. Sahasat: Journal of Social Sciences and Humanities, 24(2), 46–64. retrieved from https://so02.tci-thaijo.org/index.php/sahasart/article/view/269810

Issue

Vol. 24 No. 2 (2567): กรกฎาคม-ธันวาคม

Section

Research Article

License

Copyright (c) 2025 Chakkrit Auttamo

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